GEROCHE vs. PEOPLE

G.R. No. 179080

November 26, 2014

FACTS:

Baleriano Limbag (Baleriano) testified that the crime happened around 10:00 o’clock in the evening of May 14, 1989 inside his house. He roused from sleep when petitioners, who were not armed with search warrant, suddenly entered the house by destroying the main door. The petitioners mauled him, striking with a garand rifle, which caused his injuries. They looked for firearms but instead found and took away his airgun.

It was alleged in the Information that petitioner Geroche was a Barangay Captain while petitioners Garde and Marfil were members of Citizen Armed Forces Geographical Unit (CAFGU).

ISSUE:

Whether or not the petitioners are guilty of the crime of Violation of Domicile under Article 128 of the Revised Penal Code (YES)

HELD:

YES, the petitioners are guilty of the crime of Violation of Domicile.

In their judicial admissions, in their testimony before the open court as well as in the pleadings they filed, neither Geroche denied that he was a barangay captain nor Garde and Marfil refuted that they were CAFGU members. In holding such positions, they are considered as public officers/employees.

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